Court Rejects Government’s Bid To Establish Fact Check Units

The Bombay High Court ruled on Friday that amendments to the Information Technology (IT) Rules, which allowed the Central government to establish Fact Check Units to identify and debunk “fake and misleading” information, are unconstitutional. The government introduced these amendments in 2023, aiming to monitor social media content related to its operations.

A tie-breaker bench led by Justice Atul Chandrukar determined that the changes violated the Constitution’s guarantees of equality before the law (Article 14) and freedom of speech and expression (Article 19).

The amendments, part of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, faced significant criticism and legal challenges. The court heard four petitions, including those from stand-up comic Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines, and the News Broadcast and Digital Association.

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The petitions, filed in April 2023, contended that the amendments exceeded the powers granted under Section 79 of the IT Act and infringed upon constitutional rights, including the right to equality and the freedom to practice any profession.

In a related January 2024 verdict, Justice Patel noted that the proposed Fact Check Units posed a direct threat to fundamental rights under Article 19(1)(g), raising concerns about potential censorship and unequal treatment between online and print media.